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Home My WebLink About08-1780IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 6$- 1r1$0 vs. NICOLE MCBETH COMPLAINT IN CIVIL ACTION Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06497791 C A Pit SXA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No NICOLE MCBETH Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, is a corporation with offices at 6500 New Albany Rd, New Albany, OH 43054. 2. Defendant is adult individual(s) residing at the address listed below: NICOLE MCBETH 554 1ST ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXXXXXX3117 . A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendant made use of said credit card and currently has a balance due and owing to Plaintiff, as of February 29, 2008 , in the amount of $6234.42 5. Defendant is in default by failing to make payments when due. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $1000.00 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. wherefore, the Plaintiff prays for Judgment in its favor and against Defendant , NICOLE MCBETH INDIVIDUALLY , in the amount of $6234.42 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1000.00 , and costs. James C armbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 Se en h Avenue, Suite 1400 Pitts urg , PA 15219 (412) 434- 955 FAX: 412- 38-7130 064 791 A Pit SXA This law firm is a debt collector atte*tir,q to collect this debt for our client and any information obtaine w ill be used for that purpose. Vbb . : R Y t:K $0.00 . $1,385.00 Enter Amount Enclosed Below CAD Payment Due Date • December 29, 2007 30 8DSN6A01 0004526 1011 NICOLE MCBETH q-1 Make payments on your schedule, in 554 L ST ST advance or on the same day as your due CARL ISLE PA 17013-1864 date. Visit Disooveroard.oo?ymems to make an online payment today. Address, e-mail or telephone change$ Print change in s ce above, or go to Discovercard.com. Print your e-mail add em to receive important Account information and special offers. PO BOX 15251 WILMINGTON DE 19886-5251 00000601100220077311?00000000000000138500 Discover More Card Account Summary Closing Date: November 30, 2007 page 1 of 1 Account number ending in 31 17 Previous Balance $6 234 42 Payment Due Date December 29, 2007 Payments And Credits , . 6 234 42 Minimum Payment Due $1,385.00 Purchases , . Credit Limit $4,800.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $500.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance + 000 = $0.00 Cashback Bonus" Opening Cashback Bonus Balance $ 0 00 New Cashback Bonus Earned . + 000 Cashback Bonus Balance $ 0 00 Cashback Boruws® Anniversary - - .- - - - Awi(able_to Redeem ... . 0.00 Crate: November 5 How Can We Help You? For Account inquiries, write to us at: Please have your Discover Card available. Discover More Card, PO Box 30943 Salt Lake City UT 84130 Manage your account online at Discovemard.com Customer Service: 1.800-DISCOVER (1-800.347-2683) , TDD (Telecommunications Device for the Deaq: F or assistance, see reverse side. Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Date Date Payments and Credits Nov 30 Nov 30 INTER NAL CHARGE-OFF $ -6,234.42 EXHIBIT Finance Charge Summary Average Dail Daily P i d Nominal ANNUAL P ANNUAL Periodic Transaction Fee y la ces er o ic Rates ERCENTAGE RATES PERCENTAGE RATES FIN?S F INCHAR current billing period: 25 days GES Purchases $0 Cash Advances $0 0.07874% 0.07874% 28.74% V 28.74`Yo V 28.74% 28 74% $0 $0 none . $0 The rates that apply to your Account are either fixed (F) or th ey may vary (V) 03 noted above. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he/she is Robert Adkins (Name) Accounts Manager of DFS Services, LLC , plaintiff herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. 6 i 4?1 (Signature) W WR # 6497791 NICOLE MCBETH 6011002200773117 W U1 P y 70 \% SHERIFF'S RETURN - REGULAR CASE NO: 2008-01780 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK MCBETH NICOLE VS NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE MCBETH NICOLE the DEFENDANT at 2040:00 HOURS, on the 20th day of March , 2008 at 554 1ST STREET CARLISLE, PA 17013 was served upon by handing to MARGARETT MITCHELL, GRANDMOTHER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge Sworn and Subscibed to before me this So Answers: 18.00 4.80 .58 10.00 R. Thomas Kline .00 33.38 ?03/26/2008 WELTMAN WEINBERG REIS 3,28108 ?i'? By: day Deputy Sheriff of A. D. 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. NICOLE MCBETH Defendant No. 08-1780-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6497791 Judgment Amount $ 7,234.42 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-1780-CIVIL TERM NICOLE MCBETH Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, NICOLE MCBETH above named, in the default of an Answer, in the amount of $7,234.42 computed as follows: Amount claimed in Complaint $6,234.42 Interest from date of judgment at the legal interest rate of 6.00% per annum Attorney's fees $1,000.00 TOTAL $7,234.42 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. !?/? By: William T. Molczan, Esc?fre PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6497791 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A.,1400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 554 1 ST ST, CARLISLE,PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff NICOLE MCBETH Defendant(s) IMPORTANT NOTICE TO: NICOLE MCBETH 554 1ST ST CARLISLE,PA 17013 ?l r ,? ?la(_X )g Date of Notice: WWR#: 06497791 Case # ? -1cu r" 0, IUILTc-m YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 BY : I'c-u..vc-- V helvllm WbU? R' " PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 • w IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. NICOLE MCBETH Defendant Case no: 08-1780-CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, NICOLE MCBETH is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, NICOLE MCBETH is not in the military service. Further Affiant sayeth naught. AFFIANT SW TO AND SUBSCRIBED in my presence this ? day of COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wayne A. Jones, Notary Public NO RY P C City of Pittsburgh, ?6legheny County My Commission Expires June 29, 2010 Member, Pennsylvania F?'ouation of Notaries This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of AUG-05-2008 13:32:22 -< Last Name First/Middle Begin Date Active Duty Status Service/Agency MCBETH NICOLE Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. IA. Owyl pt 0/0404_ 40??_ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: httD://www.defenselink.mil/faq/pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BNEECEBFZZF https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 8/5/2008 .AGA. # ? o ' cD M N j 4.. LO < Ln IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-1780-CIVIL TERM NICOLE MCBETH Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on / (xx) Assumpsit Judgment in the amount of $7,234.42 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: AOTAR PR DEP Y) NICOLE MCBETH 554 1 ST ST CARLISLE,PA 17013 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 1-888-434-0085